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Help!!

2 replies

aproblemsharedandallthat · 19/06/2019 13:59

I have a mortgage with my ex girlfriend (we recently separated). I put in more deposit that she did and we pay the mortgage each month but I contribute more than she does, each month. I have had something drawn up by a solicitor which says that she can live in the house and take on the mortgage (I will move out to my parents) but when the house sells I get half plus the extra I put in for the deposit. She is refusing to sign the document. I suggested selling the house before arranging this but she refused that too. I really don't know what to do. My friends are telling me that I'm letting her walk all over me but I'm in such a difficult position because I still live there and I don't know what my options are. She is also not a nice person to be living with at the minute, she's made it very clear that she can do what she wants and I can't do things without her say so and she is making my life hell at home. Can anyone please advise? Has anyone been in this situation? If so, what did you do?

Thanks for reading.

OP posts:
Collaborate · 19/06/2019 15:36

You'll need to force her hand by applying to the court for an order for sale of the property. If she takes any decent advice she'll agree to sell the property.

sergeilavrov · 19/06/2019 16:40

Is the mortgage joint, or as tenants in common? Find out, and you need to immediately notify the lender of the change in circumstances. They may not be willing to sign the mortgage over to her, which will force her hand into selling. You should speak to your solicitor again, regarding the potential change of title deeds to get an understanding of cost. I'd advise getting a valuation of the property done too. This is because the likely outcome is you having to sell immediately. If she doesn't agree, your solicitor will write to her prior to applying to the court for an order of sale.

Did you sign a cohabitation agreement prior to taking on the property together? It sounds as though you perhaps didn't, in which case there is no formalised agreed upon record of who is bringing what assets into the relationship, how any property acquired during the relationship should be owned and who will be responsible for what during the relationship. These agreements also provide a framework for what happens if you split up.

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